Ordered that the judgment is reversed, on the law, the indictment is dismissed, and the case is remitted to the Supreme Court, Queens County, for the purpose of entering an order in its discretion pursuant to CPL 160.50.
The only evidence tending to connect the defendant to the cocaine was his mere presence in an apartment in which the substance was found in a rear bedroom closet. Without more, this evidence is insufficient to conclude that the defendant exercised dominion and control over the cocaine, which is necessary to establish constructive possession (see, People v. Ortiz, 126 A.D.2d 677; People v. Reyes, 126 A.D.2d 681; People v. Rodriguez, 104 A.D.2d 832; People v. Sanabria, 73 A.D.2d 696). Thompson, J.P., Weinstein, Eiber and Spatt, JJ., concur.